Williams
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon an appeal from a decree of District Court, Southern District of New York, holding the tug responsible for total loss of dumper No. 9, and for salvage on dumper No. 8, both lost by the tug through parting of towing hawser in heavy weather after dumping beyond the lightship. The opinion of the District Court will be found in 126 Fed. 871.
1Per curiam
The cause was tried in court before the district judge, and, although it is a close one as to conditions of wind and sea at the crucial periods, we do not feel that we can disturb his finding as to the main issue. In view of the circumstances that the captain of the tug had never followed the sea outside, but was experienced only in steamboating around the harbor, and that the tug herself, employed in this service on an emergency, was not shown to have been well fitted for such heavy weather, we concur in the conclusion that it was imprudent in him to take the dumpers out to the lightship on…
2Cited by5 opinions
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- Gilchrist Transp. Co. v. Great Lakes Towing Co.District Court, D. New Jersey · 1916
- Peterson v. ArlandWashington Supreme Court · 1914
- The WyomissingDistrict Court, E.D. New York · 1930
- Transpacific Carriers Corp. v. Tug Ellen F. McAllisterDistrict Court, S.D. New York · 1962